BNSS 376 — Procedure where prisoner of unsound mind is reported capable of making his defence.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

If
a  person  is  detained  under  the  provisions  of  sub-section  (2)  of  section  369,  and  in  the  case  of  a  person
detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a public mental
health establishment, the Mental Health Review Board constituted under the Mental Healthcare Act, 2017
(10 of 2017), shall certify that, in his  or their opinion, such person is capable  of making his  defence, he
shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court
appoints, and the Magistrate or Court shall deal with such person under the provisions of section 371; and
the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence.

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